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All Journal International Journal of Business, Law, and Education
Made Rosa Anastasya Tirandika Rosa
Universitas Udayana
Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

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Legal Protection of Runners’ Portrait Rights Against Commercialization on the FotoYu Application Under Indonesian Ius Constitutum Made Rosa Anastasya Tirandika Rosa; Made Aditya Pramana Putra
International Journal of Business, Law, and Education Vol. 7 No. 2 (2026): International Journal of Business, Law, and Education (on progres)
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i2.1555

Abstract

This study examines the legal implications of capturing, uploading, and commercially exploiting runners’ photographs through digital platforms without prior authorization from the persons depicted, from the perspective of Indonesian ius constitutum. The analysis focuses on the normative intersection among copyright, portrait rights, and personal data protection. The study employs normative legal research using statutory, conceptual, and analytical approaches. Primary, secondary, and tertiary legal materials are examined qualitatively through descriptive-analytical reasoning. The findings indicate that photographers’ exclusive economic rights over photographic works are not absolute and must be interpreted together with statutory limitations concerning portraits and with personal data protection obligations when photographs identify, or are technologically processed to identify, individuals. Under the Personal Data Protection Law, personal data processing must have a lawful basis, of which explicit consent is one; in the context of commercial portrait use, written consent is also specifically relevant under the Copyright Law. Accordingly, the principal legal issue is not merely ownership of the photograph, but the lawful limits of its commercialization and subsequent digital processing. Resolving this normative tension requires harmonious statutory construction, appropriate legal preference, proportionate allocation of responsibility, and privacy-oriented technical safeguards to balance the interests of runners, photographers, and digital platform providers.
Co-Authors Made Aditya Pramana Putra